The Acts provide a right of complaint to the Workplace Relations Commission where an employee believes that his/her employer has failed to provide a written statement in accordance with the terms of the Acts or failed to notify the employee of changes to the particulars contained in the statement
No, it is not. A contract of employment and the terms of the contract that you have agreed with your employer can be made orally, in writing, implied through custom and practice, implied through statute or a combination of all or any of these.
What if my employer makes changes to the statement of my terms and conditions of employment, how will I know?
An employer is also required to notify an employee of any changes to the particulars contained in the written statement within 1 month after the change takes effect
I am under 18 and I have gotten a statement of my terms and conditions from my employer, is there any other information my employer should give to me?
Regulations made under the Acts require employers to give their employees who are under 18 years of age a copy of the official summary of the Protection of Young Persons (Employment) Act 1996 within one month of taking up a job
A written statement of employment must contain the following:
- Name and address of employer
- Place of work (if it is not fixed, a statement of same)
- Title of job or nature of work
- Date of commencement of employment
- If a temporary employment then the expected duration of the contract
- If a fixed term contract then the date on which the contract will expire
- Rate or method of calculation of pay and pay frequency
- Terms and conditions relating to hours of work, including overtime, if any
- Statutory rest period and rest break entitlements
- Terms or conditions relating to paid leave
- Any terms relating to sick pay or pension
- Notice which the employee must give or will receive for termination
- Working abroad entitlements (for those working more than one month outside the state)
- Reference to any registered employment agreements, employment regulation orders and collective agreements
- The statement must also indicate the pay reference period for the purpose of the National Minimum Wage Act 2000
- The statement of must inform the employee that he/she is entitled to ask for a statement of his/her average hourly rate of pay for any pay reference period falling with in the previous 12 months
- As an alternative to providing some of the details in the statement, an employer may use the statement to refer the employee to certain other documents containing the particulars, provided that the document is reasonably accessible to the employee
In the case of agency workers, the party who is liable to pay the wages (employment agency or client company) is the employer for the purposes of the Acts and is responsible for providing the written statement.
In general, the Acts apply to any person:
- Working under a contract of employment or apprenticeship
- Employed through an employment agency
- In the service of the State (including members of the Garda Siochana and the Defence Forces, Civil Servants and employees of any local authority, health board, harbour authority, the Health Service Executive or education and training board)
- The Acts do not apply to a person who has been in the continuous service of the employer for less than 1 month.
I have just started working and my employer has not yet given me my terms and conditions of employment in writing. What is my entitlement?
The Terms of Employment (Information) Acts 1994 – 2014 require employers to provide employees with a written statement of their terms of employment within 2 months of starting their employment.